Terms of Service

Well Body Institute Terms of Service

Last updated: March 18, 2019

General Scope

1. Acceptance of Terms.Restoration Health, Inc. dba Well Body Institute (“WBI” or “we”) owns and operates this website (“Site”). These Terms of Service (“TOS”) constitute a legally binding agreement made by and between WBI and you (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”). These TOS govern your use of the services we make available on this Site and our other websites (“Services”).

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TOS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CERTAIN CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA, AND YOU CONSENT TO SUCH COLLECTION, USE AND DISCLOSURE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY OTHER WBI WEBSITE OR RELATED SERVICE.

3. EligibilityTo use the Site, you must be, and represent and warrant that you are, of legal age (18 years and over, or, if you have parental consent, 13 years of age) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes such third party’s acceptance of these TOS. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.

ACCOUNT REGISTRATION; ACCOUNT USE; ORDERS; DIGITAL CONTENT.

1. Account Registration.You must open an online account to use the Services on the Site, and you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form. You must promptly update such information to keep it true, current, complete and accurate. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim). You are entirely responsible for maintaining the confidentiality of your password and account.

2. Account Use.You are entirely responsible for any and all activities that occur under your account. You agree to notify WBI immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, costs and/or attorney fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, costs and/or attorney fees incurred by WBI or a third party due to someone else using your account. You may not use anyone else’s account at any time. All online courses and other digital materials purchased are non-transferrable. If you provide any information that is false, inaccurate, out of date or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, out of date or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof. WBI has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

3. Subscriptions.Any account that is 30 days past due will be automatically canceled. Once a subscription is canceled, the information will no longer be accessible.

4. Orders and Buybacks.For questions regarding payments, shipping, returns, orders or buybacks, refunds or your account, please visit the policies posted on the Site here or contact support@wellbodyinstitute.com. You will be solely responsible for all taxes arising from, relating to or connected with your use of the Services. We have the right to charge you for any taxes that we are required to pay or in fact collect.

5. Third-Party Payment Services.We may process certain payments using PayPal or other third-party payment services and you agree to be bound by PayPal’s (or other such third party’s) terms if we do so. Please read PayPal’s (or other such third party’s) terms and privacy policy for more guidance. WBI is not responsible for the acts or omissions of such third parties.

6. Digital Content.WBI reserves the right to modify or discontinue the offering of any digital content, including, without limitation, e-books, digital study guides and applications (“Digital Content”) at any time. These TOS are applicable to the Digital Content and the Digital Content may be subject to other terms and restrictions. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download from the Site if, for example, the publisher of the Digital Content no longer retains the rights to that Digital Content. Digital Content already downloaded to your computer or an external device will generally not be affected.

7. Additional Agreements.You agree that you must accept WBI’s terms and conditions for WBI’s e-book reader to use that product. In addition, if WBI has other terms and conditions (in addition to these TOS) for its mobile application, you must accept such additional terms and conditions to use the application.

8. Not a Back Up.The Services are not intended to be a secure back up for data, including, for example, the back up of e-books you may purchase through the Site. You are solely responsible for storing and backing up your downloaded content.

9. Risk of Loss.The risk of loss and title for all items purchased on the Site pass to you upon delivery of the item by WBI to a common carrier.

Use of the Site.

1. Permitted Use.Subject to your compliance with these TOS and payment of any applicable fees, we grant you a limited, non-exclusive, non-sublicensable, non-transferable and revocable right to access the Site and use the Services for personal, non-commercial purposes, and as we otherwise intend.

2. Prohibited Use.Use of the Services or Site for any illegal purpose, or any other purpose not expressly permitted in these TOS, is strictly prohibited. Without limitation, you will not: (a) (except as expressly permitted by these TOS) copy, reproduce, distribute, display, create derivative works of or transmit the Content of the Site; (b) use the Site or Services commercially (for example, as part of a service bureau), for benchmarking, or to compile information for a competitive product or service; (c) modify or translate any part of the Services or Site; (d) reverse engineer, decompile, create derivative works of, modify, disrupt, tamper with or disassemble the technology used to provide the Services and/or Site (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components), or otherwise attempt to obtain source code; (e) attempt to bypass, modify or defeat any of the security features of the Site, including, without limitation, by altering any digital rights management functionality of the Site or Digital Content; (f) remove or alter any copyright, trademark or other proprietary notice contained on the Site or any Digital Content; (g) interfere with or damage the Site or our servers, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (h) impersonate or misrepresent your affiliation with a person, entity or organization, including, without limitation, us, or use a false identity; (i) attempt to obtain unauthorized access to the Site or attempt to obtain any materials or information through any means not intentionally made available through the Site; (j) collect, manually or through an automatic process, information about or of other users or the Site; (k) use any Marks or other Content for advertising, promotions or other commercial purposes; (l) submit false or misleading information to us or post material that violates, misappropriates or infringes on a third party’s intellectual property or other rights; (m) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site and/or Services; (n) engage, directly or indirectly, in any type of unsolicited solicitation; (o) deep link to portions of the Site or frame, inline link or similarly display any the Site or portions of the Site, provided if such deep linking is expressly permitted under applicable law, you must attribute the Content to WBI; or (p) assist or encourage any third party in engaging in any activity restricted by these TOS. WBI reserves the right, but has no obligation, to monitor your use of the Site and Services for compliance with these TOS.

Intellectual Property; Third Party Content and Services.

1. Intellectual Property Rights.All content on the Site, or otherwise made available via the Site, including without limitation, the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to WBI and/or its affiliates. Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.

2. Third-party Content.The Site may contain information and Content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party Content. In addition, the Site may contain links to third-party websites. WBI is not responsible for the content on any linked site or any link contained in a linked site, or any changes to such sites. We do not endorse or accept any responsibility for the content on such third-party sites.

3. Third-party Services.Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. WBI will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability, costs and/or attorney fees that you may incur arising from or related to such third party’s services or products.

4. CommentsAll comments, feedback, suggestions, ideas, and other submissions that you disclose, post, submit or offer to us in connection with your use of or related to the Site (collectively, “Comments”) will become our exclusive property. In addition, by submitting such Comments to us, you grant to us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers) and transferable license to use, copy, reproduce, manufacture, distribute, translate, perform, modify, display, port, transmit, create derivative works of, make, have made, offer to sell, sell, import and otherwise exploit related rights in your Comments in connection with the Site and WBI’s (and its successor’s) business in any form, media or technology known or hereafter developed without compensation or attribution to you or any third party. Your submission of a Comment constitutes a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory relating to submissions. We are not and will be under no obligation to hold any Comments in confidence or respond to any Comments. You represent and warrant that you have the right to submit your Comments, and you are and shall remain solely responsible for your Comments. If you post Comments on the Site, your Comments will be available to other users of the Site and the public.

5. WBI’s Representations and Warranties; Disclaimers.THE WBI SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE WBI SERVICES, ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. WBI AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT. WBI AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY, AVAILABILITY, PERFORMANCE OR OTHERWISE OF THE WBI SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING PRODUCTS BEING IN STOCK OR GUARANTEES THAT PRODUCTS WILL NOT BE LOST IN THE MAIL. WBI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY WBI SERVICE. WBI AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY WBI SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WBI SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE WBI SERVICES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WBI MAY NOT DISCLAIM UNDER APPLICABLE LAW.

WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL WORK IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE, CONTENT, AND PRODUCTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WBI ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA.

TO RESIDENTS OF NEW JERSEY: THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.

6. Limitation of Liability.IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL WBI, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, THE USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT, EVEN IF WBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, USE OR PERFORMANCE OF OR FAILURE TO PROVIDE SERVICES, PRODUCTS PROVIDED THROUGH THE SERVICES OR OTHER CONTENT AVAILABLE FROM THE SITE. IN ANY EVENT, OUR AGGREGATE LIABILITY SHALL NOT EXCEED $1,000. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WBI MAY NOT EXCLUDE UNDER APPLICABLE LAW.

WBI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND WBI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WBI WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING.

THE FOREGOING LIMITATION OF DAMAGES AND LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TO RESIDENTS OF NEW JERSEY: THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.

The Site is controlled and offered by WBI from its facilities in the United States of America. WBI makes no representations that the Site is appropriate for use in other locations. You are not permitted to use the Site unless you are located in the United States of America. Those who access or use the Site from other jurisdictions do so at their own risk and are responsible for compliance with local law.

7. IndemnityYou agree to defend, indemnify and hold harmless WBI and its parent corporation and other affiliates, and their officers, directors, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney fees) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would constitute a breach of any provision of these TOS by you; or (b) arising from, related to, or connected with your use of or access to the Site or Services, your violation of any term of these TOS, your violation of an applicable law, or your violation of any third-party right, including without limitation any copyright, property or privacy right. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these TOS and your use of the Site.

1. Termination; Survival.These TOS are effective unless and until terminated by you or us. WBI may, in its sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the Site at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, in our sole and absolute discretion, violate these TOS, our rights or the rights of any third party) or no reason at all. If we terminate your account for no reason, we will fulfill our obligations to you related to any order outstanding at the time of termination. The following provisions will survive termination: 2.2, 3.2, 4, 5, 6, 7, 8 and 9. For purposes of clarity, the survival of provision 3.2 (Prohibited Use) means that even if your account is terminated, if you breached one or more of those provisions while using the Site, we have the right to bring a lawsuit against you for damages or injunctive relief. If we terminate your use of the Site, you must cease all use of the Site, and these TOS will terminate. Upon termination of these TOS, all rights you have to use and display the Content will immediately terminate.

2. Force Majeure.Under no circumstances shall WBI or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond WBI’s reasonable control.

3. WBI’s Relationship with Educational Institutions.ON OCCASION, WE ENTER INTO AGREEMENTS WITH EDUCATIONAL INSTITUTIONS. UNDER SUCH AGREEMENTS, WBI MAY PROVIDE SERVICES AND OTHER CONSIDERATION TO THE EDUCATIONAL INSTITUTION, INCLUDING, BUT NOT LIMITED TO, PROVIDING STUDENTS OF THE EDUCATIONAL INSTITUTION THE OPPORTUNITY TO PURCHASE AND/OR RENT BOOKS AND OTHER COURSE MATERIALS FROM WBI AND ITS SERVICE PROVIDERS, PROVIDING THE EDUCATIONAL INSTITUTION A COMMISSION, OR OTHER FINANCIAL REMUNERATION, BASED UPON SALES OR RENTALS MADE TO THE EDUCATIONAL INSTITUTION’S STUDENTS.

4. Disputes; Governing Law; Arbitration.Subject to applicable law, you and WBI agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these TOS or the Privacy Policy, or otherwise relating to WBI in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 4.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@wellbodyinstitute.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.

United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Missouri, USA, without regard to conflict of laws principles, will govern all Covered Matters.

These TOS and use of the Services evidence a transaction involving interstate commerce, and the United States Arbitration Act will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any “Covered Matters” must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes (including without limitation using desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). One arbitrator will conduct the arbitration. The arbitrator will not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these TOS including, but not limited to, any claim that all or any part of these TOS is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same WBI user to the fullest extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have violated or threatened to violate our intellectual property rights or if you use the Site in violation of provision 3.2 (Prohibited Use), you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction without first proving actual damages or posting a bond. Second, any claim, at the option of the claiming party, may be resolved in small claims court in Missouri, USA, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis..

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, WBI will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, WBI is relieved of its obligation to reimburse you for any fees associated with the arbitration.

IF YOU ARE A NEW WBI USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO support@wellbodyinstitute.com (“OPT-OUT NOTICE”) OR VIA US MAIL TO: WELL BODY INSTITUTE,7260 W. Azure Dr. Ste 140-113, Las Vegas, NV 89130. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TOS FOR THE FIRST TIME. IF YOU ARE NOT A NEW WBI USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TOS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

In order to opt-out, your Opt-Out Notice must include your name, address (including street address, city, state, and zip code), and email address(es) associated with your account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: support@wellbodyinstitute.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the TOS and this Section 4 (Disputes; Governing Law; Arbitration) will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

BY AGREEING TO THESE TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

5. No Waiver; Severability; Time for Claims.No waiver of any term of these TOS will be binding unless in writing, no waiver of any term of these TOS shall be deemed a further or continuing waiver of such term or any other term, and the failure of WBI to exercise or enforce any right or provision of these TOS does not constitute a waiver of such right or provision. The provisions of these TOS are intended to extend to the fullest extent permitted by law. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these TOS to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

6. Entire Agreement; Assignment; Independent Contractors.These TOS (and all terms and conditions incorporated herein) constitute the entire agreement between you and WBI and govern your use of the Site and any Services provided by WBI, superseding any prior agreements between you and WBI on the subject matter (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms that may apply when you use certain WBI services or third-party software, content, links or websites. These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WBI without restriction. These TOS bind and inure to the benefit of each party and the party’s successors and permitted assigns. A party’s failure or delay in exercising any right, power or privilege under these TOS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these TOS. These TOS may not be modified by an oral statement by a representative of WBI. We are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by these TOS. These TOS incorporate and apply to the Privacy Policy. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. You agree to comply with all applicable laws in your use of the Site and Services. If you are using the Site or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.

Headings; Drafting.The provision titles in these TOS are for convenience only and have no legal or contractual effect. These TOS will not be construed against the drafter.

You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: